McLaughlin v. Schawacker
Missouri Court of Appeals
Appeal ‘from the St. Louis Circuit Court, Hon. ‘ George W. Lubke, Judge. The petition in this case is not sufficient under section 3176, of the Revised Statutes, to entitle the plaintiff to a mechanic’s lien against the defendants’ property, .for the reason that the account set forth in the petition embraces labor, lime, brick, and other materials, and such a petition is open to the objection that it embraces a lumping-charge.
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Appeal ‘from the St. Louis Circuit Court, Hon. ‘ George W. Lubke, Judge. The petition in this case is not sufficient under section 3176, of the Revised Statutes, to entitle the plaintiff to a mechanic’s lien against the defendants’ property, .for the reason that the account set forth in the petition embraces labor, lime, brick, and other materials, and such a petition is open to the objection that it embraces a lumping-charge. Edgar v. Salisbury, 17 Mo. 271; Lewis r>. Cutter, 6 Mo. App. 54; Kling v. Construction Co., 7 Mo. App. 411; Coiling v. East, 8 Mo. App. 573; Bus-sell v. Bell, 44 Pa.…
1Opinion of the CourtThompson, J.
This is an action by a subcontractor to recover a balance due from a firm of principal contractors and to establish a mechanic’s lien for such balance against a lot of ground and a building. The original petition was filed on the nineteenth of May, 1887, and the principal contractors, Dennis Dempsey and William J. Dempsey, and also the owner, Christopher Schawacker, were made defendants. Personal service was had upon each of these defendants. On the sixteenth of July, 1887, two other defendants, Maria W. Johnson and John H. Tennent, entered their appearance, and the plaintiff, by leave of…
2Cases cited6 opinions
- Nelson v. WithrowMissouri Court of Appeals · 1883
- Bevin v. PowellMissouri Court of Appeals · 1881
- Johnson v. Barnes & Morrison Building Co.Missouri Court of Appeals · 1886
- City of St. Louis v. GleasonMissouri Court of Appeals · 1884
- Hayden v. WulfingMissouri Court of Appeals · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- McDermott v. ClaasSupreme Court of Missouri · 1890
- Bruns v. BraunMissouri Court of Appeals · 1889
- Doyle v. WurdemanMissouri Court of Appeals · 1889
- Riverside Lumber Co. v. SchmidtMissouri Court of Appeals · 1908
- Brockmeier v. DetteMissouri Court of Appeals · 1894
1 more not listed; retrieve them via the Exa API.